UPDATE: Late Tuesday Judge Steven Rhodes issued an order related to this issue. He sent the parties in the dispute to mediation and said he would rule on the request for a temporary restraining order on Sept. 17.

“Not only is it a potential immediate threat to those who don’t have water, but because of the possibility of a pandemic medical condition that could sweep through the city, it could affect any and all of us,” Jennings said. “You need water to survive, to live, to thrive and to clean our homes. The first thing that goes when the wager is cut off is sanitation, the ability to not be able to flush a toilet, your Honor, causes severe sanitation issues.”

Jennings said it is a myth that people are choosing not to pay their bills, and she said the city should halt prosecutions of residents who re-attach their water services without paying bills because often it is landlords who are doing that.

Arguing for the city, Miller Canfield attorney Tim Fusco told Judge Steven Rhodes he would be issuing the “most far-reaching order” ever made in a municipal bankruptcy case related to city services if he granted the request for a temporary restraining order. “This court would be issuing an injunction prohibiting the enforcement of local law,” he said.

At an earlier hearing in the bankruptcy case, Judge Rhodes said he’s “reasonably sure (the issue of water shut offs is) probably not within my jurisdiction.” Today he said he would wait for more court filings before deciding when — or if — he would hold another hearing on this issue.

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